Thread by @woodrumlaw

Justice in Aging's Tracey Gronniger, Georgia Burke, and Madison Hardee presenting "Repainting Older Immigrants: Issue Spotting for Public Benefits" #NALC2018 @justiceinaging

@justiceinaging Five year bar for "qualified" immigrants to receiving benefits entering after 1996

@justiceinaging SSI, qualified and:
1) rec'ing SSI before 8/22/96
2) LPR w/40 qualifying quarters, can combine with spouse, etc.
3) active duty vet or honorably discharged (or spouse or child of)
4) lawfully in US before 8/96 & with a disability OR
5) "humanitarian" immigrants, only get 7 years

@justiceinaging Medicare is an "earned benefit" so it did not fall under public charge except for part D which is for low income folks. Some immigrant seniors can and do get Medicare benefits. #NALC2018

@justiceinaging "Medicare is a good benefit but it is not a free benefit"

Majority of part A (hospital benefit) beneficiaries are LPRs. Some on protected status (like TPS) do qualify but if they are not LPRs they are vulnerable if the new public charge rules come into play. #NALC2018

@justiceinaging Anyone in A or B can enroll in D, no extra requirements for immigrants but called out in public charge discussion. Keep in mind it is a prospective proposal. Watch for public charge issues for people with protected status and also be careful about out of country travel.

@justiceinaging There's a deportation proposal for LPRs at DOJ apparently and it is something to watch for as well for older immigrants.

@justiceinaging Q: if someone is using spouse's quarters to qualify, do we worry about divorce?
A: they need to be married ten years, if not, you lose your link to those credits for eligibility purposes. Lose if you remarry too. Also need to be married 1 yr for the link up credits. #NALC2018

@justiceinaging Q: How can you avoid part D enrollment being automatic when you're concerned about public charge?
A: you can't get CMS to not do that.

@justiceinaging Concern is that going for other services and encouraged to sign up for low income subsidies without legal advice on immigration status.

@justiceinaging There's misinformation about public charge where people think there's an impact for naturalization determinations and it does not, per Madison Hardee. #NALC2018

@justiceinaging Two types of benefits in the past considered: cash assistance (TANF and SSI) and institutionalization for long term care at government expense. Historically could access Medicaid and SNAP as immigrants but the new rule could change that. #NALC2018

@justiceinaging The public charge test looks to the future: question of likelihood to depend on government assistance moving forward. Totality of the circumstances test so it is case by case since good factors can balance out bad.

Does not apply to refugees, asylees, etc. #NALC2018

@justiceinaging The current administration has been trying to drastically expand the public charge category. Changes have already taken place in the foreign affairs manual used by consular officers. October 10 the notice of the proposed reg was published in federal register for public comment.

@justiceinaging Lengthy proposal, three main areas of the change:
1) definition change to include families using programs to supplement low wage work
2) more factors to the test to make it hard for low and moderate income families to pass
3) additional benefits to be considered #NALC2018

@justiceinaging Four new inclusions, including even housing and rental assistance, Medicare part D low income subsidies... Looks also at use of state cash assistance programs if there's a federal portion of enrollment. #NALC2018

@justiceinaging Only positive factor would be high income. New negative factors include:
- lack of English proficiency
- age
- low income

Result would be disproportionate impact on seniors. #NALC2018

@justiceinaging Receipt of the programs has to be after the final effective date of the rule.

Comment period ends December 10. At 26,000 comments but they'd like 100,000 total against the proposed rule.

#nalc2018

@justiceinaging Clarification that they do ask about benefits in naturalization to see if there has been dishonesty in application for those benefits in the past.

@justiceinaging Oops, autocorrect: "Representing" not "Repainting"

@justiceinaging (Why tweeting helps me take better notes, here's a peek at my journal from this morning's session. Couldn't get this part keyed in fast enough but a good back and forth in the Q&A.)